1. What is the statute of limitations to bring a claim against a debt collector for violating the Fair Debt Collection Practices Act (FDCPA) ? Under 15 U.S.C. § 1692, a party aggrieved by a debt collector's violations of the FDCPA has one year from the date of the violation to commence an action in a court of competent jurisdiction.
  2. Under Connecticut law, how long can I be sued for delinquent credit card debt? If a creditor or debt buyer sues you on a breach of contract claim and the contract is in writing, the relevant statute of limitations in Connecticut is six years from the date of default. As a general rule, the date of the last payment made on an account is considered the date of default and is the critical date for the purposes of the statute of limitations.
  3. Who or what is a debt buyer? A debt buyer is a company or organization that purchases defaulted debt from creditors for pennies on the dollar. Debt buyers purchase hundreds or thousands of delinquent accounts in one transaction, generally for a fraction of the face value of the debt. Once the debt buyer acquires your debt from a credit card or loan company, it stands in the shoes of the original creditor. As such, the debt buyer attempts to collect the entire amount owed, including late fees and finance charges resulting in significant profits to the debt buyer. Common debt buyers include Portfolio Recovery Associates, LLC, Midland Funding, LLC, and Cavalry SPV I, LLC, to name a few.
  4. What damages could I potentially receive if a debt collector violates the FDCPA? If we are able to settle your case or prevail at trial, you may be eligible to receive up to $1,000 in statutory damages, plus any actual damages you have suffered. The Woods Law Firm, LLC advances all court filing and attorney's fees in each FDCPA action, so it costs clients absolutely nothing to assert their rights under the FDCPA and potentially receive up to $1,000 in statutory damages.
  5. What are your fees for filing an FDCPA case against a debt collection company that is harassing me? None. We provide all services in FDCPA cases free of charge to clients. We pay the court filing fee, service of process costs, and any other related expenses. 15 U.S.C. § 1692 k (3) allows us to recover legal fees and costs from the debt collector. We are only paid if we can win or settle your case. As a result, there is never any cost to you since our fees and costs are paid by the offending debt collection company.
  6. What are your fees for Chapter 7 bankruptcy?  Our Chapter 7 bankruptcy attorney's fees are among the most affordable in Connecticut.  The fees depend on many factors, including, but not limited whether the filing is a joint filing, whether there are significant assets owned, and whether or not state or federal income taxes are owed.  
  7. I have a default judgment against me.  How long do I have to challenge it?  Under CT law, the general rule is that you have a period of 120 days from when the Judgment is rendered to file a Motion to Open.